Mark America

One of the topics that comes up in conservative circles is the notion of “Crony Capitalism.” It’s a term that was re-introduced into the popular political vocabulary by Sarah Palin in the era of the Tea Party’s ascendancy, and with good reason: Too often, our politicians are for sale to the highest bidder. More often, the politicians actually use their influence as a sort of legalized protection racket. The powerful, very wealthy people and institutions are able to fork over large amounts of money to politicians as an obvious quid pro quo for the politician’s help, support or protection. Like anything else, however, I detest the misleading association between the two words: “Capitalism” and “Crony.” The problem is that the concept described by the term “Crony Capitalism” isn’t “capitalism” at all.  It’s just “cronyism.” Capitalism doesn’t operate this way. Cronyism does, so for my purposes, and for the purposes of discussion on this site, as a matter of justice to the concept of “Capitalism,” I’m no longer going to aggregate the two distinct words into a single term.  Capitalism is the greatest economic system ever conceived or practiced, because it requires respect for the individual rights of participants.  Cronyism knows no such boundaries, and is merely a form of graft and corruption disguised within and operating in the shadows of capitalism.  It’s time we make this distinction, but more, it’s time we consider both sides of Cronyism’s ledger.

Politicians who peddle influence and who use their position as a form of de facto protection racketeering are scoundrels of the highest order.  From the early Tammany Hall chicanery to the latest scandals in our modern era, the politicians should bear most of the blame, because upon their shoulders rests the highest moral culpability, for two basic reasons: One cannot purchase that which is not for sale, and the seller of influence/protection is the person who raised his or her hand to swear an oath to the Constitution.  The purchasers of influence/protection can only buy what is offered for sale, and they didn’t swear an oath to uphold the constitution or the laws enacted thereunder.  The fact that they are slightly less guilty does not let them off the hook, because they’re guilty of a serious moral breach: They’re cheating the system, and they’re undercutting the actual free-market process that is capitalism.

Let us consider the much-celebrated case of a theoretical businessman who offers the members constituting a controlling majority of a national government cash, kick-backs, and other material favors and/or prestige if they will support his latest venture.  There is no doubt but that every member of that controlling governmental majority who accepts such an offer should be placed behind bars, and never let loose again in elected office.  What of the businessman?  What should be done to him?  Should he be permitted to walk away Scot-free, to perpetrate the same crime over and over again?  Should he be held to account?  If so, by whom?  The same scoundrels with whom he conspired?  The truth is that in most cases, both parties, even caught and exposed, walk away mostly unscathed, which is why they continue to do so, over and again. Most often, the wrist-slapping goes to the purchaser of favors and protection while the seller abruptly retires from political office if the heat becomes too great. Most of the time, however, they get away with it.

Mark Levin has recently popularized the notion of using the Article V process to amend the constitution by action and amending conventions instigated by the states.  It’s still very early, and it will take a long time to bear fruit, but if the American people press it, it could become a movement that gains traction.  I think this is the natural process for amending the constitution to address the problem of cronyism.  The only way to stop cronyism, or even slow it substantially, will be to give the law really big, sharp fangs, and to make it more certain that the buyers and sellers of favors, influence and protection will be apprehended in a timely manner.

The mechanisms and triggers built into such an amendment would need to be very precise to limit prosecutorial abuses, and political misuse of the law. That’s always the difficult part, and it’s why such an amendment ought to be considered thoughtfully, but also at the soonest possible opportunity. In terms of the sanctions against offenders, I consider that to be the easy part:

• Forfeiture of all property, money, of the individual and/or organization
• Subject to the same individual, criminal sanctions as in treason, i.e., a capital offense

Who would administer such a law?  The Justice Department has proven to be wholly incapable of operating outside of political influence and chicanery. Leaving such powers under the umbrella of the Executive would be wholly unacceptable.  Leaving it under the control of the Legislative branch would be no more plausible, for the reasons already discussed. Lastly, placing it under the existing Judicial branch, that owes its continued funding to the Legislative branch and its appointments to the Executive seems no more fruitful. It might even require the establishment of a very limited fourth branch of government with the sole responsibility of investigating and prosecuting under the constructs of this single amendment. How we would get any of this accomplished in our current political system is questionable, and I make no claims to know the precise methodology for success, but something must be done in this vein.

Our entire political system is rife with corruption.  It extends from 1600 Pennsylvania Avenue all the way down to Anytown, USA. Most of us turn a blind eye to it, or simply shrug in helpless acknowledgement that we’re in serious trouble. A relative few of us participate in it, and that’s more the shame.  What we are witnessing with the widespread proliferation of cronyism, on both sides of its ledger, is the absolute destruction of our republic. Do you need an advantage over your competitors? Is there somebody or something you need to bulldoze? Simply beat a path to the controlling jurisdiction’s door and buy your advantage or demolish your target under cover of the law you’ve purchased. Do you need more money for your campaign coffers? Simply threaten legislation against an industry and watch them fill your coffers as a method of self-defense.  They’ll happily pay protection money for their interests.  The little guy, without deep pockets? He’s got no prayer.  He will either be steamrolled by the politicians whose influence he cannot afford, or bull-dozed by their customers, with whom he cannot financially compete.

There are most assuredly two sides to the cronyism coin.  It exists at all levels of government, in both parties, almost end-to-end. We have effectively lost our country to it, with no end in sight but for the demise of America as we had known it. Whether you’re black or white; man or woman; rich or poor; able or infirm, this system of cronyism is going to consume us all, one by one. Every one. No matter how big you think you are, there’s always somebody bigger.